Flashing lights. Loud sirens. Deployed airbags. A car accident is serious, especially one that worsens any pre-existing conditions and adds to your medical history. From chronic back pain to a history of concussions, it is important to know that old injuries should never prevent you from filing a personal injury claim. In fact, if a car accident worsens a pre-existing condition or injury, having a well-documented medical history can help build a stronger case with the law on your side.
Abogados de accidentes de Sepúlveda Sánchez help clients navigate these situations every day. Our work has shown how a history of concussions can shape the way a new crash affects the body, how symptoms can intensify, and why these changes matter when you pursue a claim.
How a Previous Injury Affects a New Personal Injury Claim
In the event of another concussion after an accident, you may turn to the at-fault party’s insurance company for compensation, only to face pushback. Insurance companies often dispute cases with pre-existing conditions, making it more difficult for you to build a case.
This means a new crash rarely meets a blank slate. Insurers look closely at what your health looked like before the collision and how the accident changed things. That comparison becomes a central part of proving what the accident caused and what the at-fault party must take responsibility for.
Eggshell Skull Rule
Having a medical history does not automatically prevent you from filing a claim, thanks to California’s “eggshell skull” rule. This doctrine affirms that a defendant must accept the injured person as they are. Any pre-existing conditions worsened by the accident are still attributable to the responsible party’s negligence, reinforcing your right to compensation.
Once again, having documentation of previous injuries does not prevent compensation; instead, it just means you need to build a strong case to demonstrate the impact of your pain and suffering as a result of this new accident.
Maintaining accurate medical records, especially after an accident, is vital to any new personal injury claim. Any TBIs or other traumas should be in a patient’s medical history after a thorough examination by a physician. Physicians include details about symptoms, such as when they began and if they limit your physical activity.
How a New Car Crash Can Make a Pre-Existing Concussion Worse
It’s more than just hitting your head. A concussion is an injury that occurs when you sustain a blow to the head with enough impact to move your brain and hit your skull. There are different types of concussions, but they are among the most common forms of traumatic brain injuries (TBIs).
The Centers for Disease Control (CDC) reports that approximately 300,000 people are diagnosed with concussions each year as a result of a car accident. What’s important to note is that concussions are not a one-time ordeal; they are cumulative, meaning a new one has the potential to worsen a previous injury. A car crash can escalate the severity of a previous injury, especially if you have a history of multiple concussions. Repeated blows to the head can harm brain function over time. Even mild TBIs are shown to cause potentially life-altering symptoms.
Symptoms of Multiple Concussions
When building a personal injury case, proving how the accident worsened existing problems is key. Understanding the impacts of multiple concussions helps counter insurance disputes and support your claim.
Short-Term Symptoms of Multiple Concussions
Many people feel like their symptoms have stabilized over time, only to have a new collision disrupt that progress. What once felt manageable can shift quickly after a fresh impact. Short term symptoms of multiple concussions include:
- Dolores de cabeza
- Dizziness
- Fatiga
- Changes in mood
- Memory issues
After a crash, these symptoms may return, intensify, or expand into new challenges. Some report difficulty with physical activity and completing daily tasks after sustaining another hit.
Long-Term Symptoms of Multiple Concussions
Concussions and their impact also often linger and cause long-term symptoms, such as post-concussion syndrome. Post-concussion syndrome is a disorder that causes mild to severe concussion symptoms that last for months or even years after the accident. As a result, you may experience cognitive issues or lingering changes in brain function.
In more severe or repeated cases, medical researchers have also connected ongoing head trauma to chronic traumatic encephalopathy (CTE), a progressive condition linked to problems with memory, mood, and decision-making.
These issues can affect your life and potentially impact your ability to work, leading to lost wages and other unpredictable changes.
Proving a Concussion-Related Injury After a Car Accident
To effectively build your case and prove a concussion-related injury after a car accident, you need to take several steps.
Medical Records Matter
You must first seek immediate medical treatment after a car crash, as acting quickly helps connect your injuries to the accident in your records. Follow-up care, including neurological evaluations, is key to preventing long-term complications and strengthening your case by providing clear, time-stamped medical evidence of your injuries.
Other Evidence That Strengthens a Claim
You can strengthen your claim by obtaining other evidence, such as statements from employers, family, or friends about how your worsened condition has made a negative impact on your life.
For example, your employer might state that you cannot lift heavy objects, a vital component of your job, due to the recent accident. Because of your inability to work, you may even be forced to take time off. Documentation of lost wages or reduced hours would strengthen your claim.
You can also speak to your doctor for imaging studies and notes that are related to your worsened injury. And, if you have proof of consistent treatment for a pre-existing condition, that can also be used to benefit your case.
Get Help After a Car Accident
Accidents disrupt routines, and a new head impact can bring back concussion symptoms you worked hard to manage. When a collision aggravates a pre-existing injury, the law does not expect you to shoulder those consequences alone. Your medical history becomes part of the story, but it does not take away your right to pursue compensation for the harm this crash added to your life.
Abogados de accidentes de Sepúlveda Sánchez represent people in these exact situations. If a recent accident has made old symptoms worse, contact us for a free consultation. We’re here to protect your rights and guide you through each step toward recovery.